Nationwide Insurance v. Shedlick

Appellate Division of the Supreme Court of New York

Nationwide Insurance v. Shedlick

274 A.D.2d 519, 711 N.Y.S.2d 181, 2000 N.Y. App. Div. LEXIS 8202

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 24, 2000

StatusPublished

Cited by2 cases

This text of 274 A.D.2d 519 (Nationwide Insurance v. Shedlick) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nationwide Insurance v. Shedlick, 274 A.D.2d 519, 711 N.Y.S.2d 181, 2000 N.Y. App. Div. LEXIS 8202 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In a proceeding pursuant to CPLR 7503 to permanently stay the arbitration of a claim for underinsured motorist benefits, the appeal is from a judgment of the Supreme Court, Nassau County (DiNoto, J.), entered November 12, 1999, which, upon an order of the same court, dated September 8, 1999, granting the petition, permanently stayed arbitration.

Ordered that the notice of appeal from the order is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

On June 6, 1995, the appellant was injured in an automobile accident. Several weeks later, he informed his insurance carrier, the petitioner, Nationwide Insurance Company (hereinafter Nationwide), of his claim for underinsurance coverage. The supplementary uninsured motorists endorsement contained in the policy issued to him by Nationwide specified that if he commenced a lawsuit against a tortfeasor, he must “immediately” forward copies of the summons and complaint to Nationwide. Although the appellant commenced such a lawsuit on or about January 18, 1996, he did not forward copies of the summons and complaint until November 19, 1998. In November 1998 Nationwide disclaimed coverage on the grounds that the appellant failed to comply with that provision. Thereafter, the ap[520]*520pellant served a demand for arbitration under the supplementary uninsured motorists endorsement. Nationwide sought a permanent stay of arbitration on the ground that the appellant failed to timely comply with a condition precedent to recovering payment pursuant to that endorsement.

The Supreme Court properly granted the petition since it was undisputed that the appellant waited more than 2V2 years after commencement of the underlying lawsuit before forwarding to Nationwide copies of the summons and complaint (see, Matter of Nationwide Ins. Co. v Lukas, 264 AD2d 778; Lumbermens Mut. Cas. Co. v Moyler, 211 AD2d 401; Brown v MVAIC, 33 AD2d 804). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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—In a proceeding pursuant to CPLR 7503 to permanently stay the arbitration of a claim for underinsured motorist benefits, the appeal is from a judgment of the Supreme Court, Nassau County (DiNoto, J.), entered November 12, 1999, which, upon an order of the same court, dated September 8, 1999, granting the petition, permanently stayed arbitration.

Ordered that the notice of appeal from the order is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

On June 6, 1995, the appellant was injured in an automobile accident. Several weeks later, he informed his insurance carrier, the petitioner, Nationwide Insurance Company (hereinafter Nationwide), of his claim for underinsurance coverage. The supplementary uninsured motorists endorsement contained in the policy issued to him by Nationwide specified that if he commenced a lawsuit against a tortfeasor, he must “immediately” forward copies of the summons and complaint to Nationwide. Although the appellant commenced such a lawsuit on or about January 18, 1996, he did not forward copies of the summons and complaint until November 19, 1998. In November 1998 Nationwide disclaimed coverage on the grounds that the appellant failed to comply with that provision. Thereafter, the ap[520]*520pellant served a demand for arbitration under the supplementary uninsured motorists endorsement. Nationwide sought a permanent stay of arbitration on the ground that the appellant failed to timely comply with a condition precedent to recovering payment pursuant to that endorsement.

The Supreme Court properly granted the petition since it was undisputed that the appellant waited more than 2V2 years after commencement of the underlying lawsuit before forwarding to Nationwide copies of the summons and complaint (see, Matter of Nationwide Ins. Co. v Lukas, 264 AD2d 778; Lumbermens Mut. Cas. Co. v Moyler, 211 AD2d 401; Brown v MVAIC, 33 AD2d 804). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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Bluebook (online)

274 A.D.2d 519, 711 N.Y.S.2d 181, 2000 N.Y. App. Div. LEXIS 8202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-insurance-v-shedlick-nyappdiv-2000.

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